Mrs. ZEENAT SALIM vs PAKISTAN NAVAL FARMS Preamble — 2022 PLD 138 ISLAMABAD

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Mrs. ZEENAT SALIM VS PAKISTAN NAVAL FARMS Preamble---Islamabad (Preservation of Landscape) Ordinance (III of 1966), S. 4---Constitution of Pakistan, Arts. 173 & 245(1)--Constitutional petition---Unauthorized functions, performing of---Preservation of landscape---Holding of land---Procedure---Petitioner assailed establishing of a Sailing Club in Rawal Lake and establishing of Pakistan Navy Farms---Validity---Mutation of land in the name of an office of Headquarters of Pakistan Navy was unconstitutional, illegal and in violation of scheme of law---Ownership of land was to be dealt with by Federal Government as mandated under Art. 173 of the Constitution---Capital Development Authority was not empowered to issue no objection certificate in favour of an office of headquarters of Pakistan Navy, and the same was issued without lawful authority and jurisdiction---High Court directed Capital Development Authority to resume and take over land covered under purported 'no objection certificate' and thereafter proceed in accordance with the provision of Capital Development Authority Ordinance, 1960 and regulations made thereunder---Pakistan Navy Farms were governed under Capital Development Authority Ordinance, 1960 and regulations made thereunder---High Court declared Pakistan Navy Farm Byelaws as void having no legal sanctity---High Court further declared that Pakistan Navy trespassed on the land situated on the embankment of Rawal Lake and that too in a protected national park area and such occupation of land was illegal, without lawful authority and jurisdiction---High Court also declared that construction of Sailing Club on trespassed land was illegal and a grave violation of enforced laws---High Court directed Pakistan Navy to cease all its activities on Rawal Lake and hand over trespassed land to Small Dams Organization---High Court directed Board of Islamabad Wildlife Management constituted to restore habitat in surrounding areas of the lake in consultation with Capital Development Authority and Small Dams Organization subject to recommendations made by the Commission appointed for the purpose---Constitutional petition was allowed accordingly.

Mrs. ZEENAT SALIM vs PAKISTAN NAVAL FARMS Preamble — 2022 PLD 138 ISLAMABAD

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